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AGENDA REPORT <br />CITY OF COLTON <br />For City Council Meeting of <br />October 15, 1996 <br />October 9, 1996 <br />TO: MAYOR FULP, CITY COUNCIL AND CITY MANAGER <br />FROM: Julie Hayward Biggs, City Atto 'ey <br />SUBJECT: Closed Session Procedures Ordinan Amendment <br />It has been called to my attention that the ordinance adopted by the City Council <br />relating to closed session procedures did not include closed session meetings of City committees <br />and commissions. While City committees and commissions seldom meet in closed session, on <br />occasion it is necessary to move an item of potential litigation into closed session to protect the <br />City's position should litigation result, or for other reasons as permitted under the provisions of <br />the Ralph M. Brown Act (Government Code Section 54950 et sec .). Because matters considered <br />in closed session are of significant importance to the City, and because the ultimate decision with <br />regard to release of confidential information discussed in any closed session must rest with the <br />City Council or the Redevelopment Agency as the ultimate policy makers in the City, the <br />ordinance has been revised. <br />The amended ordinance will subject all City committees and commissions that are <br />subject to the provisions of the Brown Act to the same standard of confidentiality, and the same <br />penalty provisions that apply to the City Council and the Redevelopment Agency under the <br />previously adopted ordinance. One important factor to be considered, however, is that with <br />committees and commissions, the matters discussed in closed session may not be released to the <br />public on a majority vote of that committee or commission. Instead, only the City Council or <br />the Redevelopment Agency retains the authority to release confidential information discussed in <br />committee or commission closed sessions to the public. <br />I strongly recommend that the City Council adopt this ordinance to assure that the <br />confidentiality requirements that the City Council has established for its own operations applies <br />to committees and commissions as well. <br />Concurrence: WAQR. P <br />Malik Dantala Freeman, City Manager <br />Item 19 <br />